Consultation on the implementation of certain sections of the Mental Health Act (Scotland) 2015 and Associated regulations (Part 1).

First consultation on the implementation of the Mental Health (Scotland) Act 2015 and associated secondary legislation. It focuses on implementation of named persons, advance statements, conflict of interest regulations and safeguards for certain informal patients regulations.

Chapter 5 – Advance Statements

The law says that anyone has the right to make a written advance statement when they are well. This sets out how they would and would not like to be treated for mental illness if they become unwell and are not able to make decisions about their treatment anymore.

The advance statement must be taken into account by anyone making decisions about treatment of the patient, including medical practitioners and the Mental Health Tribunal. If the treatment goes against the advance statement, this must be recorded in writing and a copy given to the patient, their named person, guardian, welfare attorney and the Mental Welfare Commission.

We want to make two main changes about advance statements:

  • Health Boards should keep a copy of any advance statement in the patient's medical records and to tell the Mental Welfare Commission about the statement. This information will be held on a register of information.
  • Health Boards should tell the public about the support they give to make and withdraw an advance statement

Question 19 - What suggestions do you have about the best way for Health Boards to tell people about making an advance statement?

Question 20 - Do you have any other views or suggestions on how the law could encourage people to make advance statements?


Email: Mental Health Law Team

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